‘Ok take custody’ email – not clear enough

By February 26, 2016Uncategorised

In D (Children: Abduction) [2015] EWHC 3990 (Fam) Mr Justice Baker has granted application by a mother under the Hague Convention on Child Abduction and Brussels IIR for the summary return of three children to France. In an exchange of emails with the father had told the father: “OK take custody”. He claimed that this was a clear and unequivocal to his retaining the children. The court disagreed.

This case certainly highlights, how heated email exchanges between parents, when emotions are running high and comments are made ‘in anger’ with a ‘slip of full thought’ can have far reaching repercussions, with both parents subsequently ending up in Court, citing the same email in their evidence. 

Gill Gange

Author Gill Gange

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